CHAPTER 2. Counties and Cities [5101. - 5386.]

Chapter 2 added by Stats. 1939, Ch. 94.

§§ 5101–5386 · 103 sections

1. ARTICLE 1. Monuments §§ 5101–5109 · 9 sections

   • § 5101 The board of supervisors of any county or the governing body of any city, may receive devises, bequests, donations, and gifts, for the purpose of erecting,…
   • § 5102 When, in the opinion of the board of supervisors or other governing body, the devises, bequests, donations, and gifts received are sufficient for the purpose,…
   • § 5103 The board of supervisors or other governing body may submit to the qualified electors of the county, or the city, the question whether taxes for the erection…
   • § 5104 Twenty days’ notice of the election shall be given by posting in at least three public places in the county, or the city. The notices shall state specifically…
   • § 5105 The ballots shall have printed on them the words “Shall the measure (stating the nature thereof) be adopted?” To the right or below the statement of the…
   • § 5106 When the tax has been voted in a county, the board of supervisors, in the next annual levy of taxes, shall levy a tax on the property in the county, sufficient…
   • § 5107 When the tax has been voted in a city, its governing body, in the next annual levy of taxes, shall levy a tax on the property in the city, sufficient to…
   • § 5108 When the taxes so raised and collected are available, the board of supervisors, in case of monuments for a county, and the governing body of a city, in case of…
   • § 5109 The boards of supervisors in the several counties may appropriate money from the general fund of the county to erect monuments or to place tablets to…
2. ARTICLE 2. County Museums, and Historical Records and Property §§ 5120–5132 · 13 sections

   • § 5120 The board of supervisors of any county may by ordinance declare its intention to establish and maintain a museum of history, science, art, or similar objects.…
   • § 5121 The board may acquire and manage real and personal property necessary properly to house and care for the exhibits and materials placed in the museum.
   • § 5122 The board may acquire and maintain a library in furtherance of the objects of the museum.
   • § 5123 The board may purchase, collect, trade, exchange, or otherwise acquire exhibition or study material proper or necessary for the use of the museum, and may…
   • § 5124 The board may conduct lectures, entertainments and receptions, and hold meetings in furtherance of the interests of the museum for the purpose of acquainting…
   • § 5125 The board may conduct or assist study, investigation, or research in any department established in the museum.
   • § 5126 The board may conduct special or technical schools or institutes for instruction in any of the matters pertaining to or connected with the museum, may issue…
   • § 5127 The board may cooperate with other governmental agencies, with universities, colleges, technical schools, societies, or individuals in the advancement of…
   • § 5128 The board may publish documents pertaining to the work of the museum and may sell, exchange, or distribute them without charge.
   • § 5129 The board may employ curators, attendants, or other persons necessary to conduct the museum and to carry out the powers granted by this article.
   • § 5130 Any county in which a museum has been established and is being maintained under this article may become associated with other governmental agencies,…
   • § 5131 Under such limitations and restrictions as are prescribed by law, boards of supervisors may permit nonprofit incorporated historical societies to withdraw from…
   • § 5132 Under such limitations and restrictions as are prescribed by law, boards of supervisors may place in the custody and control of the county historical society,…
3. ARTICLE 2.5. Local Art Galleries and Museums §§ 5135–5138 · 4 sections

   • § 5135 Every city and every county may accept title to real property for museum or art gallery purposes, or permit the erection of buildings and improvements for such…
   • § 5136 Whenever any donation of real property has been made to a city or county for museum or art gallery purposes, or any building or improvements therefor have been…
   • § 5137 In every instance of such delegation of power the governing body of the city or county shall require: (a) That all members of the public shall be admitted to…
   • § 5138 The governing body of the city or county may appropriate and expend funds for the improvement, operation, expansion and support of any such art gallery or…
4. ARTICLE 2.6. County Theatrical Schools and Institutes §§ 5140–5141.1 · 2 sections

   • § 5140 In addition to its other powers the board of supervisors of any county with a population of four million or more may: (a) Acquire land for and construct, lease…
   • § 5141.1 A lease or sublease entered into pursuant to subdivision (c) of Section 5140 shall provide that the net revenue, if any, from the operation and use of the…
5. ARTICLE 3. Parks §§ 5150–5164 · 19 sections

   • § 5150 Any county or city may assist the State in acquiring any park, playground, recreational center, or beach to be used for recreational purposes.
   • § 5151 Any county or city may donate, convey, and grant to the State any real property owned by it, or which it may acquire, for a park, playground, recreational…
   • § 5152 The board of supervisors or governing body of any county or city within which any park forming a part of the State park system is established, may relinquish…
   • § 5153 Relinquishment to the park authority of any road, highway, trail, or right of way shall be by resolution of the board or governing body having jurisdiction,…
   • § 5155 The board of supervisors of any county may, by a unanimous vote, expend any portion of the moneys in any of the funds named in section 5156 for the payment of…
   • § 5156 Expenditures authorized by Section 5155, may be made from any one of the following funds: (a) The general fund of the county. (b) The proceeds of any county…
   • § 5157 Any county may purchase or lease, or obtain by gift, lands located in the county, or in other counties and may hold, improve, and maintain such lands for…
   • § 5157.5 Under such limitations and restrictions as are prescribed by law, and in addition to jurisdiction and powers otherwise conferred, boards of supervisors in…
   • § 5158 The commissioners of any public park in this State may accept and receive donations and aid from individuals and corporations, and may receive legacies and…
   • § 5159 If these funds at any time exceed the sums necessary for immediate expenditure on the park grounds, or if it is advisable to invest them and make them…
   • § 5160 The board of supervisors of any county may by a four-fifths vote of the members use or dedicate for county highway purposes any portion of any county public…
   • § 5161 Whenever any county, city and county, city or the state owns land within the limits of any area designated as a state historical monument, it may, with the…
   • § 5162 Any beach or seashore recreation area owned, leased, operated, controlled, maintained or managed by a city or county which is open to the use of residents of…
   • § 5163 (a) No person shall initially be employed in connection with a park, playground, recreational center, or beach used for recreational purposes by a city or…
   • § 5163.1 The examination shall consist of an approved intradermal tuberculosis test, which, if positive, shall be followed by an X-ray of the lungs. Nothing in Sections…
   • § 5163.2 The X-ray film may be taken by a competent and qualified X-ray technician if the X-ray film is subsequently interpreted by a licensed physician and surgeon.
   • § 5163.3 The city or county shall maintain a file containing an up-to-date certificate for each person covered by Section 5163.
   • § 5163.4 Nothing in Sections 5163 to 5163.3, inclusive, shall prevent the city or county from requiring more extensive or more frequent examinations.
   • § 5164 (a) (1) A county, city, city and county, or special district shall not hire a person for employment, or hire a volunteer to perform services, at a county,…
6. ARTICLE 4. Municipal Park Control §§ 5181–5199 · 17 sections

   • § 5181 All lands, parks, highways, and avenues in any city or city and county, which prior to March 14, 1889, were set apart by law for public parks and which have…
   • § 5182 Each board of park commissioners shall consist of three persons, who shall be appointed by the Governor. They shall hold their offices for four years,…
   • § 5183 In case of a vacancy in the membership of the board, it shall be filled by an appointee of the remaining members of the board, for the unexpired term. All…
   • § 5184 The Governor shall issue a commission to each commissioner appointed by him or her, and each commissioner shall, within 20 days after the receipt thereof, take…
   • § 5185 Two members of the board constitute a quorum for the transaction of business; and the concurrent action of two members is sufficient to enable the board to:…
   • § 5186 Each board shall govern, manage, and direct the parks, avenues, and grounds which are placed under its care and charge.
   • § 5187 It may employ and appoint superintendents, laborers, clerks or secretaries, attorneys, surveyors, and engineers, and it may engage and employ musicians for…
   • § 5188 It may prescribe and fix the duties, authority, and compensation of its appointees and employees. It shall manage and disburse funds appropriated or provided…
   • § 5189 Moneys shall not be paid out of the treasury of any city, or city and county, except upon warrants duly signed by a majority of the board of park commissioners…
   • § 5190 Every park commissioner who is interested, directly or indirectly, in any contract or work of any kind connected with the park or grounds under the control of…
   • § 5191 Each board shall on the first Monday of July of each year make to the Legislature of the State, and to the legislative body of the city in which the board is…
   • § 5192 Each board of park commissioners may let or lease any portion of the parks or grounds under its control, not exceeding one acre in extent, to any one person,…
   • § 5193 Each board may pass and adopt ordinances which are necessary for the regulation, use, and government of the parks and grounds under its supervision, not…
   • § 5194 Prisoners over the age of 18 years, who have been sentenced to hard labor in any penal establishment of any city or city and county may, upon the request and…
   • § 5195 Each board may accept donations and aid from any person or corporation, and legacies and bequests by the last wills of deceased persons, for the aid or…
   • § 5196 If the money derived from gifts, bequests, or legacies at any time exceeds the sum necessary for immediate expenditure on the parks and grounds, or if it is…
   • § 5199 A board of park commissioners shall not in any year incur any debt or liability or expend any money beyond the amount legally applicable to the support,…
7. ARTICLE 5. Park and Boulevard Bonds §§ 5301–5313 · 12 sections

   • § 5301 Any city or city and county may acquire and hold land for public parks, or public boulevards, or both, by purchase, or by condemnation.
   • § 5302 The land may be within the corporate limits of the city or city and county or conveniently adjacent. In either case it shall be subject to the jurisdiction of…
   • § 5303 The legislative body of any city or city and county may, by ordinance, or in such manner as other municipal legislative acts are enacted by it, determine what…
   • § 5305 The legislative body of the city or city and county may, by ordinance or in such manner as other municipal legislative acts are enacted by it, call an election…
   • § 5306 If at the election two-thirds of the qualified electors who vote assent to the issuance of the bonds, the city or city and county may, by ordinance, or in such…
   • § 5307 The bonds shall be numbered consecutively from one upwards, and shall be issued in the order of their respective numbers, commencing with number one. There…
   • § 5308 The bonds or any number issued shall be sold to the highest bidder, after advertised notice for sealed proposals. No bid of less than par value shall be…
   • § 5309 The money obtained from the sale of the bonds shall be kept in a separate fund, and shall be used exclusively for the acquisition, or maintenance, or…
   • § 5310 Whenever there is in the sinking fund an amount sufficient for the purpose, the legislative body of the municipality issuing the bonds, may, by ordinance or in…
   • § 5311 If sufficient bids are not received to consume the money in the sinking fund, and a sum sufficient for the purpose still remains in the sinking fund, notice…
   • § 5312 Any city or city and county availing itself of the provisions of this article, may, by ordinance or in such manner as other municipal legislative acts are…
   • § 5313 All notices and advertisements provided for in this article shall be given by publication in a newspaper, if there is one published within the municipality; if…
8. ARTICLE 6. Municipal Park Improvement District Bonds §§ 5350–5370 · 24 sections

   • § 5350 Any portion of a municipality incorporated under the laws of this State may be formed into a municipal park improvement district for the purpose of creating an…
   • § 5351 Whenever a petition, verified by one or more persons and signed by not less than 10 percent of the qualified electors residing in the territory which is…
   • § 5352 The ordinance of intention shall contain: (a) An accurate description of the exterior boundaries of the proposed municipal park district; (b) A general…
   • § 5353 The ordinance of intention shall be published in the city pursuant to Section 6062 of the Government Code. The ordinance, unless otherwise provided by charter…
   • § 5354 Any person interested, objecting to the formation of the district, or to the extent of the district, or to the proposed improvement or work, may file a written…
   • § 5355 If the protest is against the proposed work or improvement and the legislative body finds that the protest is made by the owners of more than one-half of the…
   • § 5356 If any protests are against the extent of the district or against the inclusion of property in the district, then the legislative body shall have power to make…
   • § 5357 If the legislative body has denied all protests, it may call an election to be held within the district described in the ordinance or resolution calling the…
   • § 5358 For the purposes of the bond election the legislative body shall establish in the ordinance, or resolution, one or more precincts within the boundaries of the…
   • § 5359 If at such election two-thirds of all the voters voting, vote in favor of incurring the bonded indebtedness, then the legislative body shall thereupon be…
   • § 5359.1 The legislative body may divide the principal amount of any issue into two or more series and fix different dates for the bonds of each series. The bonds of…
   • § 5360 The legislative body shall, subject to the provisions of this article, prescribe the form of the bonds, and of the interest coupons.
   • § 5361 The legislative body may fix a date, not more than two years from the date of issuance, for the earliest maturity of each issue or series of bonds. Beginning…
   • § 5362 The bonds shall be issued in such denomination as the legislative body may determine, except that no bonds shall be of a less denomination than one hundred…
   • § 5363 The legislative body may issue and sell the bonds at not less than par value, and the proceeds of the sale of the bonds shall be placed in the treasury of the…
   • § 5363.1 An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil…
   • § 5364 The legislative body of the city shall, at the time of fixing the general tax levy, and in the manner for the general tax levy, levy and collect a tax each…
   • § 5365 All contracts for the construction or completion of any work or improvement, or for furnishing labor, materials or supplies shall be let to the lowest…
   • § 5366 The State Contract Act (Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code) and Part 7 (commencing with Section 1720) of Division…
   • § 5367 The municipality shall have full power and authority to expend the proceeds acquired from the sale of bonds for the acquisition or construction of the…
   • § 5368 Any district formed under the provisions of this article shall be known as Municipal Park Improvement District No. ____ (insert number) of the City of ____…
   • § 5368.5 Any property in the municipality within which the municipal park improvement district is formed may be annexed to such district in the manner provided in Part…
   • § 5369 This article shall not affect any other act or acts relating to the same, or a similar subject, but it is intended to provide an alternative method of…
   • § 5370 The provisions of this article shall be liberally construed to effect the purpose thereof and no provision shall be deemed or construed to prohibit the…
9. ARTICLE 7. Protection of County Parks § 5380 · 1 section

   • § 5380 The board of supervisors, in order to protect county parks from damage and preserve the peace therein, may confer on the county officer in charge of its parks,…
10. ARTICLE 8. Interpretive Services §§ 5385–5386 · 2 sections

    • § 5385 For purposes of this article, the following definitions apply: (a) “Eligible entity” means any of the following: (1) A qualified nonprofit public benefit…
    • § 5386 (a) Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an…